Ottawa Men's Centre Legal Resources
Courts
of Justice Act
ONTARIO REGULATION 114/99
Amended
to O. Reg. 89/04
RULE 7: PARTIES
WHO ARE PARTIES — CASE
7. (1) A
person who makes a claim in a case or against whom a claim is made in a case is
a party to the case. O. Reg. 114/99, r. 7 (1).
WHO ARE PARTIES — MOTION
(2) For
purposes of a motion only, a person who is affected by a motion is also a party,
but this does not apply to a child affected by a motion relating to custody,
access, child protection, adoption or child support. O. Reg. 114/99, r. 7 (2).
PERSONS WHO MUST BE NAMED AS PARTIES
(3) A
person starting a case shall name,
(a) as an applicant, every person who makes a claim;
(b) as a respondent,
(i) every person against whom a claim is made, and
(ii) every other person who should be a party to enable the
court to decide all the issues in the case. O. Reg. 114/99, r. 7 (3).
PARTIES IN CASES INVOLVING CHILDREN
(4) In
any of the following cases, every parent or other person who has care and
control of the child involved, except a foster parent under the Child and
Family Services Act, shall be named as a party, unless the court orders
otherwise:
1. A case about custody of or access to a child.
2. A child protection case.
3. A secure treatment case (Part VI of the Child and Family
Services Act). O. Reg. 114/99, r. 7 (4).
PARTY ADDED BY COURT ORDER
(5) The
court may order that any person who should be a party shall be added as a party,
and may give directions for service on that person. O. Reg. 114/99, r. 7 (5).
PERMANENT CASE NAME AND COURT FILE NUMBER
(6) The
court file number given to a case and the description of the parties as
applicants and respondents in the case shall remain the same on a motion to
change an order, a status review application, an enforcement or an appeal, no
matter who starts it, with the following exceptions:
1. In an enforcement of a payment order, the parties may be
described instead as payors, recipients and garnishees.
2. In an appeal, the parties shall also be described as
appellants and respondents.
3. When a case is transferred to another municipality, it may be given a new court file number. O. Reg. 114/99, r. 7 (6).